AIR 1997 ANDHRA PRADESH 387 ::(1997) 5 AndhLD 611 ::(1997) 5 Andh LT 740 ::(1997) 4 ICC 499

Andhra Pradesh High Court

Hon'ble Judge(s): Krishna Saran Shrivastav , J

(A) Wakf Act (29 of 1954) , S.42— Appointment of Mutawalli - power of Board exercise of successor Mutawalli named in wakf deed Appointment of any person as Mutawalli Not provided under S. 42. The power of appointment of Mutawalli can be exercised by the board only when there is no one appointed under the terms of deed of Wakf and when the fight many person to act as Mutawalli is disputed, provided, there is an existing vacancy in the office of the Mutawalli of the Wakf. Such appointment shall he made for such period and on such condition as the Board may think fit is indicative and suggestive of the fact that it is not a regular appointment of a Mutawalli that is contemplated by S. 42 of the Wakf Act. There is no provision in the Wakf Act for appointing a person as Mutawalli under S. 42 of the Wakf Act if there is a successor named in the Wakf deed. '(Para 7) (B) Wakf Act (29 of 1954) , S.42— Appointment of mutawalli by Board - Consideration for Successor mutawalli named in Wakf deed Right of successor mutawalli to act as mutawalli disputed - Appointment of successor mutawalli as mutawalli by Board - Proper. (Para 8) .....